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Filing #63611753 E-Filed 11/01/2017 02:29:33 PM
IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT
IN AND FOR ORANGE COUNTY FLORIDA
JEAN DUME,
Plaintiff, Case No: 2017-CA-007422-O
VS.
JONATHAN J. BURGIEL,
Defendant.
MOTION TO COMPEL DISCOVERY RESPONSES
COMES NOW, Plaintiff, by and through undersigned attorney, files this Motion to
Compel Defendant to serve Answers to Interrogatories and Respond to Request to Produce,
and in support thereof states as follows:
1 Fla. R. Civil Pro. 1.380 provides, in relevant part, that if a party, “fails to answer
interrogatories” (or) respond to a “request for inspection” of documents, the offended Party
may apply to the court for an Order compelling its opposite to comply.
2, On or about August 28, 2017, Plaintiff propounded discovery upon Defendant in
the form of Request to Produce and Interrogatories. Copies of the discovery are attached
hereto as Exhibit "A".
3 On or about October 19, 2017, Plaintiff sent the Defendant a Good Faith Letter
inquiring about the status of discovery, giving Defendant until the end of business day on
October 30, 2017 to respond and produce the documents. The good-faith letter is attached
hereto as Exhibit “B”.
5 No objections or Motions for Extension of Time to this discovery have been filed
by Defendant.
WHEREFORE, Plaintiff prays that this Court enters an Order compelling
compliance with the above discovery and for any further relief it deems just and proper.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on this 1 day of November, 2017, a true and correct
copy of the foregoing was filed with the Clerk of the Court by using the Florida Courts e-
Filing Portal, which will send an automatic e-mail message to the following parties
registered with the E-Filing Portal System: Angel J. Lamarre, Esquire.
/s/Riley Cho
RILEY J. CHO, Esq.
Florida Bar No.: 116891
JEREMY L. HOGAN, Esq.
Florida Bar No.: 12578
HOGAN & HOGAN, P.A.
906 East Michigan Street
Orlando, FL 32806
Tel. 407.422.2188
Fax 407.422.3291
rcho@hoganlegal.com
jhogan@hoganlegal cow
scunningham@hoganlegal.com
Attorneys for Plaintiff
Tel. 407.422.2188 | Fax 407.422.3291
Attorneys for Plaintiff
IN THE CIRCUIT COURT OF THE NINTH
JUDICIAL CIRCUIT IN AND FOR
ORANGE COUNTY, FLORIDA
JEAN DUME,
Case No.:
Plaintiff,
VS.
JONATHAN BURGIEL,
Defendant.
FIRST REQUESTS TO PRODUCE TO DEFENDANT
COMES NOW, JEAN DUME, the Plaintiff in the above-styled action (hereinafter
referred to by name or as “Plaintiff’), by and through his undersigned counsel, and, pursuant to
Fla. R. Civ. P Rule 1.350, hereby requests Defendant, JONATHAN BURGIEL (hereinafter
referred to by name or collectively as “Defendant” or “you”), to produce for inspection and/or
copying by counsel for Plaintiff the following designated documents, items or matters at the
offices of Hogan & Hogan, 906 E Michigan Street, Orlando, FL 32806, within the time period
allowed by the Florida Rules of Civil Procedure, and the documentation/information requested is
as follows:
1 Copies of all correspondence between Plaintiff, or anyone acting on his behalf, and
Defendant, or anyone acting on his behalf.
2. Copies of all documents which record refer or relate to any communication between
Defendant, and anyone working on his behalf, and the Plaintiff, or anyone acting on his behalf.
3 Copies of Defendant's driver license in effect at the time of the incident described
in the Complaint.
4 Copies of Defendant's driver license currently in effect.
EXHIBIT
iA
5 Any and all written or recorded statements taken from the Plaintiff or any parties or
witnesses concerning any issue in this cause.
6 Any and all photographs, graphs, charts depictions and other documentary evidence
of the scene, parties and/or pertaining to the subject accident, occurrence or issues in this cause.
Likewise, any and all other photographs in Defendant's possession that Defendant believes are
relevant to this lawsuit.
7 Any photographs, sketches and/or diagrams which purport to depict any alleged
injury or damages suffered by the Plaintiff in the incident described in the Complaint and/or which
depict the scene of the alleged incident.
8. Any written reports rendered by any expert (retained or consulted) including any
accident reconstruction expert, pertaining to and/or referring to any issue in this cause of action.
9. Any and all records indicating collateral sources paid or payable to the Plaintiff or
paid on her behalf as a result of the incident described in the Complaint; collateral sources being
those defined by applicable Florida Statutes.
10. Any and all records in your possession custody or control indicating or referring to
any payment of benefits to the Plaintiff or on his behalf in connection with and/or as an alleged
result of the incident described in the Complaint.
Il. Any and all letters from any and all insurance carriers to Defendant, regarding
any and all coverage issues, benefits, defenses, and/or denials related to the collision described in
the Complaint, including but not limited to, any and all demands for indemnity, defense, or
settlement pursuant to the terms of any applicable insurance policies.
12. A complete and certified copy of any and all insurance agreements or insurance
policies under which any person or entity carrying on an insurance business may be liable to
satisfy part or all of a judgment which may be rendered in this action or to indemnify or
reimburse for payments made to satisfy the judgment, including but not limited to any liability
insurance policy covering you, Defendant and/or the vehicle owned by you, at the time of the
incident which is the subject of Plaintiff's Complaint.
13. Any and all photographs that you, Defendant, have in your possession, custody or
control, which depict any of the vehicles involved in the incident which is the subject of Plaintiff's
Complaint and any photographs which depict the scene the incident which is the subject of
Plaintiffs Complaint.
14. Any and all photographs in Defendants’ possession custody or control, that
Defendants believes are relevant to any of the issues in this lawsuit and/or which Defendants
intend to present at trial in this matter.
15. Any and all correspondence, documents, emails or other form of communication,
or reports, which have been obtained from any expert, regarding any issue in this cause of action
and if'a report has not been prepared, the preparation ofa report is hereby requested.
16. Any and all photographs and damage appraisals, or estimates, that Defendant has
in your possession, custody or control, which depict Defendant's motor vehicle.
17. Any and all photographs and damage appraisals, or estimates that Defendant has
in your possession, custody or control, which depict Plaintiff's motor vehicle.
18. A complete and certified copy of any and all insurance agreements or policies,
including but not limited to, a certified copy of the declaration page, of any liability insurance
policy covering Defendant, or the automobile being driven by you on February 11, 2015.
19. A copy of any and all insurance applications completed and signed by you, and
approved and accepted by your insurance carrier, including but not limited to GEICO General
Insurance Company, policy # 4313438303.
20. Any and all statements previously made by either Plaintiff or any other persons
involved in or witness to the incident giving rise to this lawsuit concerning the subject matter of
this lawsuit, including any written statement signed or otherwise adopted or approved by the
Plaintiff hereto and any stenographic, mechanical, electrical or other type of recording or any
transcription thereof.
21. Any and all models, motion pictures, videotapes, drawings, maps or sketches of
the scene of the accident which has been made the basis of this lawsuit.
22. Any and all documents reflecting an employment relationship relative to your
ownership, possession or control of the vehicle made the subject of this action.
23. Any and all documents reflecting an independent contractor relationship relative
to your ownership, possession or control of the vehicle made the subject of this action.
24, Copies of any and all medical records in your possession, custody, or control,
which relate to the Plaintiff
or any issue in this cause of action.
28. Any surveillance movies, photographs, surveillance reports, internet searches, or
any other material relating to the surveillance of Plaintiff.
29. Documents relating to or discussing repairs or maintenance to Defendant's vehicle
that were done for the six (6) month period of time preceding and including the date of the
accident and for the six (6) month period of time following the date of the accident.
30. All payout records for the insurer of the Defendant for benefits paid to or on
behalf of the Plaintiff under the personal injury protection and medical payments coverage of the
policy
CERTIFICATE OF SERVICE
HEREBY CERTIFY that a true and correct copy of the foregoing has been
furnished to Defendant with the Summons and Complaint in this matter
/s/ Jeremy Hoga
Jeremy L. Hogan, Esq.
Florida Bar No.: 12578
RileyJ. Cho, Esq.
Florida Bar No.: 116891
jhogan@hoganlegal.com
rcho@hoganlegal.com
scunningham@hoganlegal.com (secondary)
HOGAN & HOGAN, P.A.
906 East Michigan Street
Orlando, FL 32806
Tel. 407.422.2188 | Fax 407.422.3291
Attorneys for Plaintiff
IN THE CIRCUIT COURT OF THE NINTH
JUDICIAL CIRCUIT IN AND FOR
ORANGE COUNTY, FLORIDA
JEAN DUME,
Case No.:
Plaintiff,
vs.
JONATHAN BURGIEL,
Defendant.
NOTICE OF SERVICE OF PLAINTIFF’S FIRST SET OF INTERROGATORIES
COMES NOW, the Plaintiff, JEAN DUME, by and through her undersigned counsel, and
in accordance with Rule 1.340 of the Florida Rules of Civil Procedure, requires Defendant,
JONATHAN BURGIEL to answer in writing, under oath, the following Interrogatories numbered
one (1) through sixteen (16), within forty five (45) days from the date of service thereof.
CERTIFICATE OF SERVICE
1 HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished
with a copy of the Summons and Complaint on the Defendant.
/s/ Jeremy Hogan
Jeremy L. Hogan, Esq.
Florida Bar No.: 12578
Riley J. Cho, Esq.
Florida Bar No.: 116891
jhogan@hoganlegal.com
rcho@hoganlegal.com
scunningham@hoganlegal.com
HOGAN & HOGAN, P.A.
906 East Michigan Street
Orlando, FL 32806
Tel. 407.422.2188 | Fax 407.422.3291
Attorneys for Plaintiff
IN THE CIRCUIT COURT OF THE NINTH
JUDICIAL CIRCUIT IN AND FOR
ORANGE COUNTY, FLORIDA
JEAN DUME,
Case No.:
Plaintiff,
VS.
JONATHAN BURGIEL,
Defendant.
PLAINTIFF’S FIRST SET OF INTERROGATORIES TO_DEFENDANT
COMES NOW, the Plaintiff, JEAN DUME, (by and through his undersigned counsel, and
in accordance with Rule 1.340 of the Florida Rules of Civil Procedure, requires Defendant
JONATHAN BURGIEL to answer in writing, under oath, the following Interrogatories numbered
one (1) through sixteen (16), within forty five (45) days from the date of service thereof and states
s follows:.
Instructions and Definitions
A General Instructions
1 Each interrogatory paragraph should herein be construed independently, and
unless otherwise directed, without reference to any other interrogatory paragraph
for the purpose of limitation.
Information requested in these interrogatories shall include information within the
knowledge or possession of any of Defendant JONATHAN BURGIEL’S agents,
employees, attorneys, investigators, or any other persons, firms, or entities
directly or indirectly subject to the Defendant JONATHAN BURGIEL’S control
in any way whatsoever.
Each interrogatory shall be answered in its entirety, When an interrogatory is
broken down into sub-sections containing lettered sub-headings, answer each sub-
heading separately and fully treating it independently from each sub-heading. If
any interrogatory or subsection thereof cannot be answered in full, it shall be
answered to the fullest extent possible with an explanation as to why a complete
answer is not provided.
If there is a claim of privilege as to any communications concerning information
requested by these interrogatories, specify the privilege claimed, the
communication and/or answer to which that claim is made, the topic discussed in
the communication and/or answer to which that claim is made, the topic discussed
in the communication, and the basis upon which the claim is asserted.
B. General Defin ns
The use of “Plaintiff”, as utilized within these interrogatories shall mean JEAN
DUME.
The use of “Defendant”, or “YOU” or “Your”, as utilized within these
interrogatories shall mean JONATHAN BURGIEL and his agents, attorneys,
investigators, or any other persons, firms, or entities directly or indirectly acting
on behalf of Defendant or subject to said Defendant’s control in any way
whatsoever.
IDENTIFY a person means to state his or her full name, address, and telephone
number; his or her occupation; the name, address, and telephone number of his or
her employer, if known; and any family, social, recreational, professional, or
employment relationship to the Defendant.
IDENTIFY a business entity means to give that entity's full name; principal
addresses of the business; telephone numbers; type of entity (corporation,
partnership, etc.); place of incorporation (where applicable); and names,
addresses, and titles of principal executive officers.
IDENTIFY a document (including a statement) means to describe briefly the form
of the document; describe generally the subject of its contents; state the date and
place of preparation or mailing; and IDENTIFY the person or firm who prepared
the document, the person or firm who received it, and the person or firm who has
possession or control of the original copy of the document.
The term “DOCUMENT” includes any statement, paper, writing, letter,
memorandum, report, logbook, note, article, magazine, journal, journal article,
newsletter, blueprint, drawing, design, sketchbook, textbook, brochure, laboratory
record, audio or video tape, record, recording, photograph, moving picture,
negative, computer tape or disk, or any other object containing a written, printed,
spoken, electronic, or photographic word, image, record, or sound.
The term “COMMUNICATION” shall mean any transmittal of information,
whether oral or written, including correspondence, electronic mail and other
internet transmissions, web pages, internet relay chat logs, telex, facsimile
transmissions, telecopies, recordings in any medium of oral communication,
telephone and message logs, motes or written memoranda relating to written or
oral communications.
The term “CONCERNING” shall mean relating to, referring to, reflecting,
describing, evidencing, referencing, discussing, or constituting.
The term “DESCRIBE” shall mean in the case of an event or circumstance, to set
forth in detail the date, time, place, individuals or entities involved and context
and content of the event or circumstance,
10. The term “INCLUDE” or “INCLUDING” shall mean including without
limitation.
[Remainder of this page intentionally left blank]
PLAINTIFF’S FIRST SET OF INTERROGATORIES TO
DEFENDANT
1 Please state your name and all former names and when you were known by those
names, as well as all addresses where you have lived for the past ten years, the dates you lived at
each address, your social security number, your driver’s license number, your date of birth, and if
you are or have ever been married, the name of your spouse or spouses. Please state the names of
all persons who may have assisted you and/or participated in gathering information and/or in any
way contributed to the formulation of the responses/answers to these Interrogatories, and specify as
to each person, the person's offi jal position and/or relationship to you, the Defendant.
ANSWER:
2. Did you and/or any other person or persons may have assisted you and/or
participated in answering these Interrogatories, make a diligent search of all books, records,
papers, electronic data and other information, in the possession, custody or control of the
Defendant, regarding the information requested within these interrogatories?
(a) If so, identify the books, records, papers, electronic data and any other items or
information that may have been the subject of your /the search conducted in answering
these interrogatories;
(b) Please also identify the name, and address of all persons in possession of or
responsible for the books, records, papers, electronic data and any other items that may
have been the subject of your /the search and from whom an inquiry was made regarding
said information;
(c) If you did not make a diligent search of all information in your possession custody or
control for purposes of gathering the information requested within these interrogatories,
please state why not, and describe the scope of your search as well as the persons from
whom an inquiry was made.
ANSWER:
3. Did you and/or any other person or persons may have assisted you and/or participated in
answering these Interrogatories, make a diligent effort to identify all persons who may have
knowledge or information requested within these interrogatories and did you and/or any other
person or persons may have assisted you and/or participated in answering these Interrogatories,
conduct a diligent inquiry of all persons who may have knowledge regarding any of the issues in
this litigation, with the intent to elicit information requested within these interrogatories and with
the intent to elicit all information available in this action?
(a) If so, please provide the name, and address of all such persons identified as persons
who may have knowledge or information requested within these interrogatories and/or
who may have knowledge regarding any of the issues in this litigation.
(b) If so, please identify the area of inquiry and scope of inquiry elicited from each
person and;
(c) If you did not make a diligent effort to identify conduct a diligent inquiry of all
persons who may have knowledge or information requested within these interrogatories,
please state why not, and describe the scope of your search as well as the persons from
whom an inquiry was made
ANSWER:
4 Describe in detail how the incident described in the Complaint happened,
including all actions taken by you, the Defendant, to prevent the incident.
ANSWER:
5 Describe in detail, each act or omission on the part of any party to this lawsuit that
you contend constituted negligence that was a contributing legal cause of the incident in question,
and if you contend, that any person or entity other than you or any party to this action, is, or may
be, liable in whole or part for the claims asserted against you in this lawsuit, then please include
within your response, the full name and address of each such person or entity, the legal basis for
your contention, the facts or evidence upon which your contention is based, and whether or not
you have notified each such person or entity of your contention.
ANSWER:
6 Please provide a detailed description of the facts upon which the Defendant rely for
each affirmative defense in its answer to the Complaint.
ANSWER:
7. Has the Defendant, your agents, or your attorneys have any knowledge concerning any
statement or remark made by or on behalf of any party to this lawsuit, concerning any issue in this
lawsuit? If so, state the name and address of each person who made the statement or statements, the
name and address of each person who heard it, and the date, time, place and substance of each
statement.
ANSWER:
8 Please identify the make, model, year and the vehicle identification of the motor
vehicle that Defendant was driving at the time of the incident described in the Complaint; and
provide the complete name and address of all persons, corporations, or entities who were
registered title owners and/or who had ownership interest in, or right to control, the motor
vehicle that Defendant was driving at the time of the incident described in the complaint, and
describe both the nature of the ownership interest and the right to control the vehicle which you,
maintain is attributable to said persons or entities.
ANSWER:
9. Please state whether the motor vehicle that Defendant, was operating at the time of the
incident described in the Complaint was damaged in the incident? If so, please identify whether
the damage was photographed and by whom; please further identify where the repair was
performed and by whom, and the cost to repair the damage?
ANSWER:
10. Has Defendant, his agents, or attorneys, made an agreement with or with anyone
that would limit Defendant's liability or that party's liability, to anyone for any of the damages sued
upon in this case? If so, state the terms of the agreement and the parties to it.
ANSWER:
Il, Please state if the Defendant or your agents, have ever been a party, either plaintiff
or defendant, in a lawsuit other than the present matter and if so, state whether the Defendant were a
plaintiff
or defendant, the nature of the action, and the date and court in which such suit was filed.
ANSWER:
12. Describe any and all policies of insurance which the Defendant contends provide
coverage or may provide coverage to Defendant for the allegations set forth in Plaintiff's
Complaint, detailing as to such policies the following:
a) The name of the insurer, the number of the policy, the effective dates of the
policy(s), and the available limits of the liability coverage afforded by said
policy(s);
b) The name and address or the custodian of the policy(s), and
°) Please include within your response whether Defendant, or anyone acting on her
behalf, has placed said insurer(s) on notice of this litigation and if so, specify
whether Defendant has been advised of any coverage defenses which may exist
with regard to any of the issues in this action.
ANSWER:
13. Please identify all vehicles owned by Defendant that were accessible to
Defendant including but not limited to, all vehicles Defendant was authorized to drive and/or
which he drove, including but not limited to the dates and times Defendant had possession of said
vehicles for the six (6) months preceding and six (6) months following the incident described in the
complaint.
ANSWER:
14. Please identify the name, business address, and dates of employment and rates of pay
regarding all employers, including self-employment, for which you worked for the 5 years prior to
the incident which is the subject of the Plaintiff's Complaint, to the present. Please also state
whether you were in the course and scope of your employment with any such employer, or on
any mission or activity for any other person or entity, at the time of the incident described in the
Complaint? If so, state the name and address of that employer, person or entity and the nature of
the mission or activity you were engaged in at the time of said incident.
ANSWER:
1s. Do you wear glasses, contact lenses or hearing aids? If so, who prescribed them; when were
they prescribed; when were your eyes or ears last examined; and what is the name and address of
the examiner?
ANSWER:
16. Have you ever been convicted ofa crime, other than any juvenile adjudication, which under
the law under which you were convicted was punishable by death or imprisonment in excess of one
year, or that involved dishonesty or a false statement regardless of the punishment? If so, state as to
each conviction, the specific crime, the date, and the place of conviction.
ANSWER:
17. Were you suffering from physical infirmity, disability, or sickness at the time of the incident
described in the Complaint? If so, what was the nature of the infirmity, disability, or sickness?
ANSWER:
18. Did you consume any alcoholic beverages or take any drugs or medication within twenty-
four hours before the time of the incident described in the Complaint? If so, state the type and
amount of alcoholic beverages, drugs or medication which were consumed and when and where
you consumed them and whether you were charged with any violation of law as a result of same. .
ANSWER:
19. Please identify all persons, or entities responsible for the maintenance of the motor vehicle
you, Defendant, were operating on the date of the incident which is the subject of Plaintiff's
Complaint. Please also state whether any mechanical defect in the motor vehicle you were driving at
the time of the accident contributed to the occurrence of the accident. If so, what was the nature of
the mechanical defect and when did you first become aware of said defect?
ANSWER:
20. List the names and addresses of all persons who are believed or known by you,
Defendant, your agents, or your attorneys to have any knowledge concerning any of the issues in
this lawsuit; and specify the subject matter about which the witness has knowledge.
ANSWER:
VERIFICATION PAGE
JONATHAN BURGIEL,
STATE OF
COUNTY OF
BEFORE ME, this day, personally appeared, JONATHAN BURGIEL, who after having
been duly cautioned and sworn, deposes and states that he is the person who executed the foregoing
Interrogatories, that he has read same and that the answers/responses therein are true and correct
based on his own personal knowledge, and he further acknowledged that he executed the same as
her free act and deed.
Dated this day of » 2017.
NOTARY PUBLIC
(Name, typed or printed)
(Title or rank)
(Serial no., if any)
[HOGAN 1s (ere7NN!
ATTORNEYS & COUNSELORS AT LAW
Jeremy L. Hogan, Esq. * 906 E. Michigan Street
Thien-Vu L. Hogan, Esq.* Orlando, FL 32806
Baolinh H. Than, Esq. Telephone: 407.422.2188
Daniel A. Perez, Esq. Fax: 4 422.3291
Riley L. Cho, Esq.
*Admitted in Florida and California
October 19, 2017
Sent via email:
largro@geico.con
sttorres@geico.com
Angel J. Lamarre, Esquire
Law Office of Deborah N. Hartwell
1000 Legion Place, Suite 850
Orlando, FL 32801
RE: Jean Dume y. Jonathan Burgiel
Case No.: 2017-CA-7422-0
Dear Ms. Lamarre:
Please be advised that we served the following discovery on August 28, 2017:
* Request to Produce
* Interrogatories
To date, we have not received the responses or objections to the discovery.
Please provide responses to this outstanding discovery within ten days of this letter. If we
do not receive the responses or a request for additional time, we will file a motion to compel the
discovery responses.
If you would like to discuss the foregoing, please do not hesitate to contact me. Thank you
for your cooperation and attention to this matter.
Sincerely,
/s/ Riley Cho
Riley J. Cho, Esquire
RJC/se EXHIBIT
b
Preview
Filing #63611753 E-Filed 11/01/2017 02:29:33 PM IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT IN AND FOR ORANGE COUNTY FLORIDA JEAN DUME, Plaintiff, Case No: 2017-CA-007422-O VS. JONATHAN J. BURGIEL, Defendant. MOTION TO COMPEL DISCOVERY RESPONSES COMES NOW, Plaintiff, by and through undersigned attorney, files this Motion to Compel Defendant to serve Answers to Interrogatories and Respond to Request to Produce, and in support thereof states as follows: 1 Fla. R. Civil Pro. 1.380 provides, in relevant part, that if a party, “fails to answer interrogatories” (or) respond to a “request for inspection” of documents, the offended Party may apply to the court for an Order compelling its opposite to comply. 2, On or about August 28, 2017, Plaintiff propounded discovery upon Defendant in the form of Request to Produce and Interrogatories. Copies of the discovery are attached hereto as Exhibit "A". 3 On or about October 19, 2017, Plaintiff sent the Defendant a Good Faith Letter inquiring about the status of discovery, giving Defendant until the end of business day on October 30, 2017 to respond and produce the documents. The good-faith letter is attached hereto as Exhibit “B”. 5 No objections or Motions for Extension of Time to this discovery have been filed by Defendant. WHEREFORE, Plaintiff prays that this Court enters an Order compelling compliance with the above discovery and for any further relief it deems just and proper. CERTIFICATE OF SERVICE I HEREBY CERTIFY that on this 1 day of November, 2017, a true and correct copy of the foregoing was filed with the Clerk of the Court by using the Florida Courts e- Filing Portal, which will send an automatic e-mail message to the following parties registered with the E-Filing Portal System: Angel J. Lamarre, Esquire. /s/Riley Cho RILEY J. CHO, Esq. Florida Bar No.: 116891 JEREMY L. HOGAN, Esq. Florida Bar No.: 12578 HOGAN & HOGAN, P.A. 906 East Michigan Street Orlando, FL 32806 Tel. 407.422.2188 Fax 407.422.3291 rcho@hoganlegal.com jhogan@hoganlegal cow scunningham@hoganlegal.com Attorneys for Plaintiff Tel. 407.422.2188 | Fax 407.422.3291 Attorneys for Plaintiff IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT IN AND FOR ORANGE COUNTY, FLORIDA JEAN DUME, Case No.: Plaintiff, VS. JONATHAN BURGIEL, Defendant. FIRST REQUESTS TO PRODUCE TO DEFENDANT COMES NOW, JEAN DUME, the Plaintiff in the above-styled action (hereinafter referred to by name or as “Plaintiff’), by and through his undersigned counsel, and, pursuant to Fla. R. Civ. P Rule 1.350, hereby requests Defendant, JONATHAN BURGIEL (hereinafter referred to by name or collectively as “Defendant” or “you”), to produce for inspection and/or copying by counsel for Plaintiff the following designated documents, items or matters at the offices of Hogan & Hogan, 906 E Michigan Street, Orlando, FL 32806, within the time period allowed by the Florida Rules of Civil Procedure, and the documentation/information requested is as follows: 1 Copies of all correspondence between Plaintiff, or anyone acting on his behalf, and Defendant, or anyone acting on his behalf. 2. Copies of all documents which record refer or relate to any communication between Defendant, and anyone working on his behalf, and the Plaintiff, or anyone acting on his behalf. 3 Copies of Defendant's driver license in effect at the time of the incident described in the Complaint. 4 Copies of Defendant's driver license currently in effect. EXHIBIT iA 5 Any and all written or recorded statements taken from the Plaintiff or any parties or witnesses concerning any issue in this cause. 6 Any and all photographs, graphs, charts depictions and other documentary evidence of the scene, parties and/or pertaining to the subject accident, occurrence or issues in this cause. Likewise, any and all other photographs in Defendant's possession that Defendant believes are relevant to this lawsuit. 7 Any photographs, sketches and/or diagrams which purport to depict any alleged injury or damages suffered by the Plaintiff in the incident described in the Complaint and/or which depict the scene of the alleged incident. 8. Any written reports rendered by any expert (retained or consulted) including any accident reconstruction expert, pertaining to and/or referring to any issue in this cause of action. 9. Any and all records indicating collateral sources paid or payable to the Plaintiff or paid on her behalf as a result of the incident described in the Complaint; collateral sources being those defined by applicable Florida Statutes. 10. Any and all records in your possession custody or control indicating or referring to any payment of benefits to the Plaintiff or on his behalf in connection with and/or as an alleged result of the incident described in the Complaint. Il. Any and all letters from any and all insurance carriers to Defendant, regarding any and all coverage issues, benefits, defenses, and/or denials related to the collision described in the Complaint, including but not limited to, any and all demands for indemnity, defense, or settlement pursuant to the terms of any applicable insurance policies. 12. A complete and certified copy of any and all insurance agreements or insurance policies under which any person or entity carrying on an insurance business may be liable to satisfy part or all of a judgment which may be rendered in this action or to indemnify or reimburse for payments made to satisfy the judgment, including but not limited to any liability insurance policy covering you, Defendant and/or the vehicle owned by you, at the time of the incident which is the subject of Plaintiff's Complaint. 13. Any and all photographs that you, Defendant, have in your possession, custody or control, which depict any of the vehicles involved in the incident which is the subject of Plaintiff's Complaint and any photographs which depict the scene the incident which is the subject of Plaintiffs Complaint. 14. Any and all photographs in Defendants’ possession custody or control, that Defendants believes are relevant to any of the issues in this lawsuit and/or which Defendants intend to present at trial in this matter. 15. Any and all correspondence, documents, emails or other form of communication, or reports, which have been obtained from any expert, regarding any issue in this cause of action and if'a report has not been prepared, the preparation ofa report is hereby requested. 16. Any and all photographs and damage appraisals, or estimates, that Defendant has in your possession, custody or control, which depict Defendant's motor vehicle. 17. Any and all photographs and damage appraisals, or estimates that Defendant has in your possession, custody or control, which depict Plaintiff's motor vehicle. 18. A complete and certified copy of any and all insurance agreements or policies, including but not limited to, a certified copy of the declaration page, of any liability insurance policy covering Defendant, or the automobile being driven by you on February 11, 2015. 19. A copy of any and all insurance applications completed and signed by you, and approved and accepted by your insurance carrier, including but not limited to GEICO General Insurance Company, policy # 4313438303. 20. Any and all statements previously made by either Plaintiff or any other persons involved in or witness to the incident giving rise to this lawsuit concerning the subject matter of this lawsuit, including any written statement signed or otherwise adopted or approved by the Plaintiff hereto and any stenographic, mechanical, electrical or other type of recording or any transcription thereof. 21. Any and all models, motion pictures, videotapes, drawings, maps or sketches of the scene of the accident which has been made the basis of this lawsuit. 22. Any and all documents reflecting an employment relationship relative to your ownership, possession or control of the vehicle made the subject of this action. 23. Any and all documents reflecting an independent contractor relationship relative to your ownership, possession or control of the vehicle made the subject of this action. 24, Copies of any and all medical records in your possession, custody, or control, which relate to the Plaintiff or any issue in this cause of action. 28. Any surveillance movies, photographs, surveillance reports, internet searches, or any other material relating to the surveillance of Plaintiff. 29. Documents relating to or discussing repairs or maintenance to Defendant's vehicle that were done for the six (6) month period of time preceding and including the date of the accident and for the six (6) month period of time following the date of the accident. 30. All payout records for the insurer of the Defendant for benefits paid to or on behalf of the Plaintiff under the personal injury protection and medical payments coverage of the policy CERTIFICATE OF SERVICE HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished to Defendant with the Summons and Complaint in this matter /s/ Jeremy Hoga Jeremy L. Hogan, Esq. Florida Bar No.: 12578 RileyJ. Cho, Esq. Florida Bar No.: 116891 jhogan@hoganlegal.com rcho@hoganlegal.com scunningham@hoganlegal.com (secondary) HOGAN & HOGAN, P.A. 906 East Michigan Street Orlando, FL 32806 Tel. 407.422.2188 | Fax 407.422.3291 Attorneys for Plaintiff IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT IN AND FOR ORANGE COUNTY, FLORIDA JEAN DUME, Case No.: Plaintiff, vs. JONATHAN BURGIEL, Defendant. NOTICE OF SERVICE OF PLAINTIFF’S FIRST SET OF INTERROGATORIES COMES NOW, the Plaintiff, JEAN DUME, by and through her undersigned counsel, and in accordance with Rule 1.340 of the Florida Rules of Civil Procedure, requires Defendant, JONATHAN BURGIEL to answer in writing, under oath, the following Interrogatories numbered one (1) through sixteen (16), within forty five (45) days from the date of service thereof. CERTIFICATE OF SERVICE 1 HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished with a copy of the Summons and Complaint on the Defendant. /s/ Jeremy Hogan Jeremy L. Hogan, Esq. Florida Bar No.: 12578 Riley J. Cho, Esq. Florida Bar No.: 116891 jhogan@hoganlegal.com rcho@hoganlegal.com scunningham@hoganlegal.com HOGAN & HOGAN, P.A. 906 East Michigan Street Orlando, FL 32806 Tel. 407.422.2188 | Fax 407.422.3291 Attorneys for Plaintiff IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT IN AND FOR ORANGE COUNTY, FLORIDA JEAN DUME, Case No.: Plaintiff, VS. JONATHAN BURGIEL, Defendant. PLAINTIFF’S FIRST SET OF INTERROGATORIES TO_DEFENDANT COMES NOW, the Plaintiff, JEAN DUME, (by and through his undersigned counsel, and in accordance with Rule 1.340 of the Florida Rules of Civil Procedure, requires Defendant JONATHAN BURGIEL to answer in writing, under oath, the following Interrogatories numbered one (1) through sixteen (16), within forty five (45) days from the date of service thereof and states s follows:. Instructions and Definitions A General Instructions 1 Each interrogatory paragraph should herein be construed independently, and unless otherwise directed, without reference to any other interrogatory paragraph for the purpose of limitation. Information requested in these interrogatories shall include information within the knowledge or possession of any of Defendant JONATHAN BURGIEL’S agents, employees, attorneys, investigators, or any other persons, firms, or entities directly or indirectly subject to the Defendant JONATHAN BURGIEL’S control in any way whatsoever. Each interrogatory shall be answered in its entirety, When an interrogatory is broken down into sub-sections containing lettered sub-headings, answer each sub- heading separately and fully treating it independently from each sub-heading. If any interrogatory or subsection thereof cannot be answered in full, it shall be answered to the fullest extent possible with an explanation as to why a complete answer is not provided. If there is a claim of privilege as to any communications concerning information requested by these interrogatories, specify the privilege claimed, the communication and/or answer to which that claim is made, the topic discussed in the communication and/or answer to which that claim is made, the topic discussed in the communication, and the basis upon which the claim is asserted. B. General Defin ns The use of “Plaintiff”, as utilized within these interrogatories shall mean JEAN DUME. The use of “Defendant”, or “YOU” or “Your”, as utilized within these interrogatories shall mean JONATHAN BURGIEL and his agents, attorneys, investigators, or any other persons, firms, or entities directly or indirectly acting on behalf of Defendant or subject to said Defendant’s control in any way whatsoever. IDENTIFY a person means to state his or her full name, address, and telephone number; his or her occupation; the name, address, and telephone number of his or her employer, if known; and any family, social, recreational, professional, or employment relationship to the Defendant. IDENTIFY a business entity means to give that entity's full name; principal addresses of the business; telephone numbers; type of entity (corporation, partnership, etc.); place of incorporation (where applicable); and names, addresses, and titles of principal executive officers. IDENTIFY a document (including a statement) means to describe briefly the form of the document; describe generally the subject of its contents; state the date and place of preparation or mailing; and IDENTIFY the person or firm who prepared the document, the person or firm who received it, and the person or firm who has possession or control of the original copy of the document. The term “DOCUMENT” includes any statement, paper, writing, letter, memorandum, report, logbook, note, article, magazine, journal, journal article, newsletter, blueprint, drawing, design, sketchbook, textbook, brochure, laboratory record, audio or video tape, record, recording, photograph, moving picture, negative, computer tape or disk, or any other object containing a written, printed, spoken, electronic, or photographic word, image, record, or sound. The term “COMMUNICATION” shall mean any transmittal of information, whether oral or written, including correspondence, electronic mail and other internet transmissions, web pages, internet relay chat logs, telex, facsimile transmissions, telecopies, recordings in any medium of oral communication, telephone and message logs, motes or written memoranda relating to written or oral communications. The term “CONCERNING” shall mean relating to, referring to, reflecting, describing, evidencing, referencing, discussing, or constituting. The term “DESCRIBE” shall mean in the case of an event or circumstance, to set forth in detail the date, time, place, individuals or entities involved and context and content of the event or circumstance, 10. The term “INCLUDE” or “INCLUDING” shall mean including without limitation. [Remainder of this page intentionally left blank] PLAINTIFF’S FIRST SET OF INTERROGATORIES TO DEFENDANT 1 Please state your name and all former names and when you were known by those names, as well as all addresses where you have lived for the past ten years, the dates you lived at each address, your social security number, your driver’s license number, your date of birth, and if you are or have ever been married, the name of your spouse or spouses. Please state the names of all persons who may have assisted you and/or participated in gathering information and/or in any way contributed to the formulation of the responses/answers to these Interrogatories, and specify as to each person, the person's offi jal position and/or relationship to you, the Defendant. ANSWER: 2. Did you and/or any other person or persons may have assisted you and/or participated in answering these Interrogatories, make a diligent search of all books, records, papers, electronic data and other information, in the possession, custody or control of the Defendant, regarding the information requested within these interrogatories? (a) If so, identify the books, records, papers, electronic data and any other items or information that may have been the subject of your /the search conducted in answering these interrogatories; (b) Please also identify the name, and address of all persons in possession of or responsible for the books, records, papers, electronic data and any other items that may have been the subject of your /the search and from whom an inquiry was made regarding said information; (c) If you did not make a diligent search of all information in your possession custody or control for purposes of gathering the information requested within these interrogatories, please state why not, and describe the scope of your search as well as the persons from whom an inquiry was made. ANSWER: 3. Did you and/or any other person or persons may have assisted you and/or participated in answering these Interrogatories, make a diligent effort to identify all persons who may have knowledge or information requested within these interrogatories and did you and/or any other person or persons may have assisted you and/or participated in answering these Interrogatories, conduct a diligent inquiry of all persons who may have knowledge regarding any of the issues in this litigation, with the intent to elicit information requested within these interrogatories and with the intent to elicit all information available in this action? (a) If so, please provide the name, and address of all such persons identified as persons who may have knowledge or information requested within these interrogatories and/or who may have knowledge regarding any of the issues in this litigation. (b) If so, please identify the area of inquiry and scope of inquiry elicited from each person and; (c) If you did not make a diligent effort to identify conduct a diligent inquiry of all persons who may have knowledge or information requested within these interrogatories, please state why not, and describe the scope of your search as well as the persons from whom an inquiry was made ANSWER: 4 Describe in detail how the incident described in the Complaint happened, including all actions taken by you, the Defendant, to prevent the incident. ANSWER: 5 Describe in detail, each act or omission on the part of any party to this lawsuit that you contend constituted negligence that was a contributing legal cause of the incident in question, and if you contend, that any person or entity other than you or any party to this action, is, or may be, liable in whole or part for the claims asserted against you in this lawsuit, then please include within your response, the full name and address of each such person or entity, the legal basis for your contention, the facts or evidence upon which your contention is based, and whether or not you have notified each such person or entity of your contention. ANSWER: 6 Please provide a detailed description of the facts upon which the Defendant rely for each affirmative defense in its answer to the Complaint. ANSWER: 7. Has the Defendant, your agents, or your attorneys have any knowledge concerning any statement or remark made by or on behalf of any party to this lawsuit, concerning any issue in this lawsuit? If so, state the name and address of each person who made the statement or statements, the name and address of each person who heard it, and the date, time, place and substance of each statement. ANSWER: 8 Please identify the make, model, year and the vehicle identification of the motor vehicle that Defendant was driving at the time of the incident described in the Complaint; and provide the complete name and address of all persons, corporations, or entities who were registered title owners and/or who had ownership interest in, or right to control, the motor vehicle that Defendant was driving at the time of the incident described in the complaint, and describe both the nature of the ownership interest and the right to control the vehicle which you, maintain is attributable to said persons or entities. ANSWER: 9. Please state whether the motor vehicle that Defendant, was operating at the time of the incident described in the Complaint was damaged in the incident? If so, please identify whether the damage was photographed and by whom; please further identify where the repair was performed and by whom, and the cost to repair the damage? ANSWER: 10. Has Defendant, his agents, or attorneys, made an agreement with or with anyone that would limit Defendant's liability or that party's liability, to anyone for any of the damages sued upon in this case? If so, state the terms of the agreement and the parties to it. ANSWER: Il, Please state if the Defendant or your agents, have ever been a party, either plaintiff or defendant, in a lawsuit other than the present matter and if so, state whether the Defendant were a plaintiff or defendant, the nature of the action, and the date and court in which such suit was filed. ANSWER: 12. Describe any and all policies of insurance which the Defendant contends provide coverage or may provide coverage to Defendant for the allegations set forth in Plaintiff's Complaint, detailing as to such policies the following: a) The name of the insurer, the number of the policy, the effective dates of the policy(s), and the available limits of the liability coverage afforded by said policy(s); b) The name and address or the custodian of the policy(s), and °) Please include within your response whether Defendant, or anyone acting on her behalf, has placed said insurer(s) on notice of this litigation and if so, specify whether Defendant has been advised of any coverage defenses which may exist with regard to any of the issues in this action. ANSWER: 13. Please identify all vehicles owned by Defendant that were accessible to Defendant including but not limited to, all vehicles Defendant was authorized to drive and/or which he drove, including but not limited to the dates and times Defendant had possession of said vehicles for the six (6) months preceding and six (6) months following the incident described in the complaint. ANSWER: 14. Please identify the name, business address, and dates of employment and rates of pay regarding all employers, including self-employment, for which you worked for the 5 years prior to the incident which is the subject of the Plaintiff's Complaint, to the present. Please also state whether you were in the course and scope of your employment with any such employer, or on any mission or activity for any other person or entity, at the time of the incident described in the Complaint? If so, state the name and address of that employer, person or entity and the nature of the mission or activity you were engaged in at the time of said incident. ANSWER: 1s. Do you wear glasses, contact lenses or hearing aids? If so, who prescribed them; when were they prescribed; when were your eyes or ears last examined; and what is the name and address of the examiner? ANSWER: 16. Have you ever been convicted ofa crime, other than any juvenile adjudication, which under the law under which you were convicted was punishable by death or imprisonment in excess of one year, or that involved dishonesty or a false statement regardless of the punishment? If so, state as to each conviction, the specific crime, the date, and the place of conviction. ANSWER: 17. Were you suffering from physical infirmity, disability, or sickness at the time of the incident described in the Complaint? If so, what was the nature of the infirmity, disability, or sickness? ANSWER: 18. Did you consume any alcoholic beverages or take any drugs or medication within twenty- four hours before the time of the incident described in the Complaint? If so, state the type and amount of alcoholic beverages, drugs or medication which were consumed and when and where you consumed them and whether you were charged with any violation of law as a result of same. . ANSWER: 19. Please identify all persons, or entities responsible for the maintenance of the motor vehicle you, Defendant, were operating on the date of the incident which is the subject of Plaintiff's Complaint. Please also state whether any mechanical defect in the motor vehicle you were driving at the time of the accident contributed to the occurrence of the accident. If so, what was the nature of the mechanical defect and when did you first become aware of said defect? ANSWER: 20. List the names and addresses of all persons who are believed or known by you, Defendant, your agents, or your attorneys to have any knowledge concerning any of the issues in this lawsuit; and specify the subject matter about which the witness has knowledge. ANSWER: VERIFICATION PAGE JONATHAN BURGIEL, STATE OF COUNTY OF BEFORE ME, this day, personally appeared, JONATHAN BURGIEL, who after having been duly cautioned and sworn, deposes and states that he is the person who executed the foregoing Interrogatories, that he has read same and that the answers/responses therein are true and correct based on his own personal knowledge, and he further acknowledged that he executed the same as her free act and deed. Dated this day of » 2017. NOTARY PUBLIC (Name, typed or printed) (Title or rank) (Serial no., if any) [HOGAN 1s (ere7NN! ATTORNEYS & COUNSELORS AT LAW Jeremy L. Hogan, Esq. * 906 E. Michigan Street Thien-Vu L. Hogan, Esq.* Orlando, FL 32806 Baolinh H. Than, Esq. Telephone: 407.422.2188 Daniel A. Perez, Esq. Fax: 4 422.3291 Riley L. Cho, Esq. *Admitted in Florida and California October 19, 2017 Sent via email: largro@geico.con sttorres@geico.com Angel J. Lamarre, Esquire Law Office of Deborah N. Hartwell 1000 Legion Place, Suite 850 Orlando, FL 32801 RE: Jean Dume y. Jonathan Burgiel Case No.: 2017-CA-7422-0 Dear Ms. Lamarre: Please be advised that we served the following discovery on August 28, 2017: * Request to Produce * Interrogatories To date, we have not received the responses or objections to the discovery. Please provide responses to this outstanding discovery within ten days of this letter. If we do not receive the responses or a request for additional time, we will file a motion to compel the discovery responses. If you would like to discuss the foregoing, please do not hesitate to contact me. Thank you for your cooperation and attention to this matter. Sincerely, /s/ Riley Cho Riley J. Cho, Esquire RJC/se EXHIBIT b